The Oregon Liquor Control Commission Recreational Marijuana Program has created a Product Categorization Guide to provide the cannabis industry with definitions to determine how to
classify products, and the distinctions between product categories, tax categories, and labeling requirements. The Product Categorization Guide can be found on the Cannabis Tracking System (CTS) page, which is a new section, of the OLCC Recreational Marijuana Program website.
Is my product an extract or a concentrate?
Whether your product is an extract or a concentrate depends on how it was manufactured. It’s a concentrate if the process to make the product:
- Is mechanical;
- Uses carbon dioxide without any high heat or pressure; or
- Uses water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol.
It’s an extract if the process:
- Uses carbon dioxide with high heat or pressure; or
- Uses a hydrocarbon‐based solvent like butane, hexane or propane.
For example, kief is separated from bud by a sieve or mesh screen. This process is a mechanical extraction process, and therefore kief would be categorized as a concentrate.
I make an ingestible oil, like Rick Simpson oil.Does that mean it’s an edible?
No. It is an edible only if it’s an extract or concentrate added to food or a potable liquid. If it’s a concentrate or extract alone, it would not be an edible.
My product is waste – are there any restrictions on who I can sell or transfer it to?
Yes. Unlike other products, waste cannot be transferred to retailers or sold to consumers. Please refer to the most recent OLCC administrative rules to see all requirements and restrictions related to waste.
All tinctures are edibles, but not all edibles are tinctures –why shouldn’t I categorize my tincture as an edible?
Although alcohol is a “potable liquid” and tinctures are therefore considered an edible product, tinctures have a different limit on potency and different requirements for label information. For purposes of tax reporting it should be categorized as an edible, but for purposes of item identification it should be categorized as a tincture.
What is a “combined category” product?
A “combined category” product is one that combines usable marijuana, extract, and/or concentrate. For example, buds combined with hash oil would be a “combined category” item. However, shake/trim combined with buds would not be a combined category item because it only includes usable marijuana. A combination of buds with shake/trim should be categorized as shake/trim. An example of what a “combined category” product would be: Bud (usable marijuana) coated in hash oil (extract) and sprinkled with kief (concentrate) An example of what a “combined category” product would not be: bud and shake/trim wrapped in unflavored paper (this should be classified as shake/trim).
I combined buds with shake/trim – how should I classify it?
A combination of usable marijuana (buds and shake/trim) should be classified as shake/trim. For example, a pre‐roll of buds and shake/trim wrapped in paper should be classified as shake/trim.
How should I label my product?
Each product type has specific requirements regarding information that must be on its label. Because categories for purposes of labeling and taxation are not identical, there may be some products – for example, tinctures – that are reported as one thing for purposes of taxation, but fall under the requirements of a different category for purposes of labeling. Please refer to the OHA’s labeling rules and OLCC’s packaging and labeling pre‐approval website to see the requirements for each product type.
| Item Category | Quantity Type | Definition | Tac Category | Labeling Requirements | Concentration Limit | Notes |
| Buds | Weight | Flowers of the plant Janice Cannabis with the plant family Cannabaceae | Marijuana Flowers | OAR 333-007-0050 | NA | – |
| Capsule | Weight for Count | A small soluble container, usually made of gelatin that encloses a dose of cannabinoid product, concentrate or extract intended for human ingestion. | Other Cannabinoid Product | OAR 333-007-0085 | OAR 333-007-0210 Tables 1 and 2 | – |
| Combined Category | Weight or Count | Any product that combines usable marijuana (buds and shake/trim) with concentrate and/or extract, or combines concentrate with extract. | Other Cannabinoid Product | OAR 333-007-0085 | OAR 333-007-0210 Tables 1 and 2 | – |
| Concentrate | Weight or Count | A substance obtained by separating cannabinoids from marijuana by: (a) A mechanical extraction process; (b) A chemical extraction process using a non-hydrocarbon-based or other solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol; or (c) a chemical extraction process using carbon dioxide without the use of high heat or pressure. | Cannabinoid Concentrate | OAR 333-007-0080 | OAR 333-007-0210 Tables 1 and 2 | – |
| Edibles | Weight or Count | Food or potable liquid into which a cannabinoid concentrate, cannabinoid extract or dried marijuana leaves or flowers have been incorporated. | Cannabinoid Edible | OAR 333-007-0070 | OAR 333-007-0210 Tables 1 and 2 | – |
| Extracts | Weight or Count | A substance obtained by separating cannabinoids from marijuana by: (a) A chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane or propane; or (b) A chemical extraction process using carbon dioxide with high heat or pressure. | Cannabinoid Extract | OAR 333-007-0080 | OAR 333-007-0210 Tables 1 and 2 | – |
| Immature Plants | Count | A marijuana plant that is not flowering. | Immature Marijuana Plant | OAR 333-007-0030 | NA | – |
| Seeds | Weight or Count | Seeds of the plant genus Cannabis within the plant family Cannabacea. | Immature Marijuana Plant | OAR 333-007-0040 | NA | Package of seeds transferred to retailer must be by count; all other packages of seeds may be either weight or count. |
| Shake/Trim | Weight | Leaves of the plant genus Cannabis within the plant family Cannabacea. | Marijuana Leaves | OAR 333-007-0050 | NA | – |
| Suppository | Weight or Count | A small soluble container designed to melt at body temperature within a body cavity other than the mouth, especially the rectum or vagina containing a cannabinoid product, concentrate or extract. | Other Cannabinoid Product | OAR 333-007-0085 | OAR 333-007-0210 Tables 1 and 2 | – |
| Tinctures | Weight or Count | A solution of alcohol, cannabinoid concentrate or extract, and perhaps other ingredients intended for human consumption or ingestion, and that is exempt from the Liquor Control Act under ORS 471.035. | Cannabinoid Edible | OAR 333-007-0083 | OAR 333-007-0210 Tables 1 and 2 | |
| Topicals | Weight or Count | A cannabinoid product intended to be applied to skin or hair. | Cannabinoid Product for Skin or Hair | OAR 333-007-0060 | OAR 333-007-0210 Tables 1 and 2 | – |
| Transdermal Patch | Weight or Count | An adhesive substance applied to human skin that contains a cannabinoid product, concentrate or extract for absorption into the bloodstream. | Other Cannabinoid Product | OAR 333-007-0085 | OAR 333-007-0210 Tables 1 and 2 | – |
| Waste | Weight | Waste material that is a byproduct of producing or processing marijuana. | N/A – cannot be sold to consumers, not subject to tax | NA | NA | No product containing any amount of waste can be sold to consumer; waste cannot be “transformed” into any other product type |
| Whole Harvested Plant | Weight | Plant that has been harvested but is not trimmed or separated from stalk or other waste products. May be fresh/wet or dried; typically will be sent for processing. | N/A – cannot be sold to consumers, not subject to tax | NA | NA | – |
Source: OLCC 09/20/16 Press Release
